Who can bid at a judicial auction, and who cannot

The procedural rule is brief: "Anyone, except the debtor, is admitted to bid for the purchase of the seized property" (art. 571; in Italian: "Ognuno, tranne il debitore, è ammesso a offrire per l'acquisto dell'immobile pignorato"). The debtor cannot buy back their own property at auction. If they want to keep it, there are other routes within the proceedings, but not a bid.

The ban cannot be bypassed through a straw buyer. Case law extends it to fictitious interposition (interposizione fittizia), meaning a bid made by a third party who is in fact buying on the debtor's behalf. An award obtained that way can be challenged.

The second limit comes from the Civil Code. Art. 1471 c.c. provides that the following may not be buyers "not even at public auction, either directly or through an intermediary" (per interposta persona):

• administrators of State or public body property, for property entrusted to their care;
• public officials, for property sold "by virtue of their office" (per loro ministero): in an auction, the judge and the professional delegated to the sale;
• anyone who administers another's property by law or by act of authority, for that property: this is the position of the court-appointed custodian;
• agents (mandatari), for property they were instructed to sell.

In the first two cases the purchase is void (nullo); in the others it is voidable (annullabile). The law does not expressly name the court-appointed appraiser or the judge's other auxiliaries. If you hold one of these roles, ask the judge or the sale delegate before submitting a bid.

More people than you might expect. A creditor who started the proceedings, or who has intervened in them, may bid like anyone else. Alternatively, it may ask for the assignment (assegnazione) of the property, which is a different mechanism.

A third-party owner (terzo proprietario) may also bid: a person whose property is subject to enforcement for someone else's debt, for example because they gave the property as collateral. Art. 604 c.p.c. applies the debtor's rules to them, "except the prohibition" (tranne il divieto) on taking part in the sale.

Debts, protested bills (protesti) or adverse bank reports (segnalazioni in banca) do not prevent you from bidding. The real limit is practical: finding someone to finance the balance.

The law excludes the debtor, not their relatives. Children, parents and siblings may bid like anyone else, with their own money.

The delicate case is a spouse in statutory community property with the debtor. What is bought during the marriage enters the community (art. 177 c.c.), so half of the property would end up with the debtor. The law does not exclude the spouse, but the bid is open to challenge. Get legal advice before paying the bid deposit.

Yes, but only in two ways.

The first is bidding through an lawyer holding a special power of lawyer. The code speaks of a "legal representative" (procuratore legale) (art. 571), which today means an lawyer. Orders require a power of lawyer by public deed (atto pubblico) or notarized private agreement (scrittura privata autenticata), so one drawn up before a notary. If the power of lawyer is missing or unsuitable, the template order of the Court of Ancona (Tribunale di Ancona) awards the property to the lawyer in their own name.

The second is the bid for a person to be named (offerta per persona da nominare) (art. 579, last paragraph, c.p.c.). Again, the bidder must be an lawyer. If they remain the winning bidder, within three days of the award they must tell the sale delegate the name of the person they bid for and file the notarized power of lawyer in the form the order requires (art. 583 c.p.c. governs the declaration of nomination). If they do not, the award stays in their name. It serves those who do not want their identity disclosed, for example a builder or an investor known in the area.

What you cannot do is delegate a friend, relative or consultant who is not an lawyer, even with a notarized power of lawyer. The notice template of the Court of Locri (Tribunale di Locri) lists among the grounds for ineffectiveness: "offers submitted by an agent who is not an lawyer" (le offerte presentate da un mandatario che non sia un avvocato).

Who bids and who delivers the envelope are different matters. In paper bidding, another person may take the envelope to the court registry (cancelleria): art. 571, para. 4, requires the name of "the person who physically files it" (chi materialmente provvede al deposito) to be recorded, after identification.

In online sales the ministerial platform distinguishes the bidder (offerente), meaning the person who buys, from the submitter (presentatore), meaning the person who fills in and transmits the bid. The rules are those of Ministerial Decree 32/2015, art. 12 (D.M. 32/2015). In practice the bid, digitally signed, is sent from a certified email address (PEC).

Courts do not all treat the submitter the same way. An order of the Court of Brescia from 2025 states that the bid may be submitted "only by the bidder (or by one of the bidders)" and that one may not rely on "a mere submitter" (un mero presentatore). Not all notices exclude it. If someone helps you send the bid, read the paragraph of the notice on online procedures: the exact wording matters.

If several people bid together, the power of lawyer from the other bidders to the holder of the PEC must be attached to the bid, by public deed or notarized private agreement. The bid must also state which of you may make the bid increases (rilanci) during the competition.

In the bid you must state your civil status and matrimonial property regime. If you are married under statutory community property, what you buy during the marriage enters the community with your spouse (art. 177 c.c.). The same applies to a civil partnership (unione civile), whose default regime, absent a different agreement, is community property (Law no. 76 of May 20, 2016, art. 1, para. 13; L. 20 maggio 2016, n. 76). For this reason, notices ask for the details of the non-bidding spouse: if the property is awarded, it passes to both of you.

Keeping the property out of the community is not enough just by wanting it. One of the exceptions in art. 179 c.c. must actually apply, for example a purchase paid with the proceeds from selling a personal asset. The other spouse must take part in the declaration, but their consent alone is not enough if the condition is missing (Cass., Sezioni Unite, no. 22755/2009).

Because an auction has no notarial deed, each court decides where to collect the spouse's declaration:

• the Locri template requires the spouse to attend the hearing where the bids are examined and make the declaration there;
• the Ancona template requires the spouse's declaration to be attached to the bid.

If you are separated as to property (separazione dei beni), the issue does not arise: the person who bids buys.

Two or more people may make a single bid, for example two siblings or two business partners. The bid must state the shares and which of the bidders has the exclusive right to raise the bid. There is only one bid deposit, which covers the full price offered.

A company bids through its legal representative or an agent (procuratore). The bid must include an up-to-date company register extract (visura camerale). If the person signing does not have those powers under the articles of association (statuto), a board resolution (delibera) or a power of lawyer conferring them is also required.

Tax also changes. The price-value regime (prezzo-valore) applies only to individuals who are not acting in the exercise of a business or professional activity. A company therefore pays registration tax (imposta di registro) on the award price. Details are in the guide on how much it costs to bid at a judicial auction.

A foreign national may buy a home in Italy, including at auction. The reciprocity condition applies (art. 16 of the preliminary provisions to the Civil Code): they have the civil rights of an Italian if their country recognizes those rights for Italians. According to the Ministry of Foreign Affairs, the following do not need to pass this check:

• citizens of the European Union and the European Economic Area (Iceland, Liechtenstein, Norway);
• non-EU citizens lawfully resident with a residence card or permit (carta or permesso di soggiorno) for employment, self-employment, sole proprietorship, family, humanitarian or study reasons;
• stateless persons and refugees resident in Italy for at least three years.

For others, reciprocity with their country is assessed. A bilateral investment treaty with Italy counts as reciprocity. The notices ask you to attach the residence permit or to state the treaty.

Anyone living abroad without an Italian tax code (codice fiscale) enters the tax code of their country of residence in the online bid (D.M. 32/2015, art. 12, para. 2). For the transfer decree and for taxes, an Italian tax code is generally required, so it is best to request one in advance.

They may be bidders, with the guardianship judge's authorization (autorizzazione del giudice tutelare) attached to the bid. For a minor and for an incapacitated person (interdetto), the parents or the guardian (tutore) sign. For a person with a support administrator (amministratore di sostegno), it depends on the appointment decree: sometimes the administrator signs, sometimes the beneficiary signs with their assistance. Authorization takes time: if the deadline is three weeks away, it will probably not arrive in time.

The winning bidder must, by the balance deadline, submit a written declaration with the information required by art. 22 of Legislative Decree 231/2007 (D.Lgs. 231/2007; art. 585, para. 4, c.p.c.). In practice: who you are, who the beneficial owner (titolare effettivo) is if you buy through a company, and where the money comes from. If the declaration is missing, the judge declares forfeiture and you lose the bid deposit (art. 587 c.p.c.).

These rules apply to proceedings where seizure was served after February 28, 2023. For earlier proceedings the previous rules and the judge's order apply, and the judge may still ask for the declaration: check the notice. For a company with foreign shareholders, or with funds from several sources, it is advisable to prepare the declaration before the auction.

This guide covers enforcement proceedings over real estate (esecuzioni immobiliari). In judicial liquidation (formerly bankruptcy, fallimento), the sale follows the liquidation program (art. 216 of the Business Crisis Code, CCII), and who may bid, and with which documents, is stated in the trustee's notice (avviso del curatore). In notarial auctions run by public bodies, the requirements of the tender notice (bando) apply, not the bans in art. 571 c.p.c. (see notarial auctions and public asset sales).

• You are not the debtor, you are not buying on their behalf, and you hold no role in the proceedings.
• You know who will be the owner: you alone, you and your spouse, you and other bidders, or a company.
• If you are represented, your representative is an lawyer with a notarized power of lawyer.
• The notice allows the way you want to submit the bid: in person, through a submitter, or on paper.
• You have the required documents: identity card, tax code, company register extract (visura), residence permit, guardianship judge's authorization, spouse's declaration.

Once you have found the lot on ImmobilScan, open the official notice on the Public Sales Portal (Portale delle Vendite Pubbliche, PVP). If you are unsure who may bid or which documents are needed, write to the sale delegate: they are the one who reviews the bids. For the full process from bid to transfer decree, see the practical guide to buying at a judicial auction.